DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Rudolf Steiner School Association Incorporated T/A Orana Steiner School
(AG2016/2600)

CANBERRA RUDOLF STEINER SCHOOL ASSOCIATION INCORPORATED (SUPPORT AND OPERATION STAFF) ENTERPRISE AGREEMENT 2016 - 2017

Educational services
COMMISSIONER ROE	MELBOURNE, 6 MAY 2016

Application for approval of the Canberra Rudolf Steiner School Association Incorporated (Support and Operation Staff) Enterprise Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Canberra Rudolf Steiner School Association Incorporated (Support and Operation Staff) Enterprise Agreement 2016 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Canberra Rudolf Steiner School Association Incorporated T/A Orana Steiner School. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 6 May 2016 and, in accordance with s.54, will operate from 13 May 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Canberra Rudolf Steiner School Association Incorporated, trading as the Orana Steiner School, sought approval of the Enterprise Agreement from the Fair Work Commission. The application for approval involved the terms and conditions of employment for the school's support and operation staff. The Fair Work Commission was tasked with assessing whether the agreement met the requirements under the Fair Work Act 2009.

The central legal issue was whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner, and if it complied with the statutory provisions for enterprise agreements. This included ensuring that the agreement did not adversely affect the safety and health of employees and that it was fairly negotiated. The Commission needed to verify the procedural fairness in the negotiation process and the content of the agreement itself.

The Fair Work Commission found that the agreement was fairly negotiated and contained appropriate terms and conditions for the employees. The Commission determined that the agreement was not contrary to the public interest and met all statutory requirements for approval. The procedural fairness in the negotiation process was upheld, and the terms of the agreement were deemed to be fair and reasonable for the employees.

The Fair Work Commission approved the Enterprise Agreement, allowing it to come into effect. The decision confirmed that the agreement provided adequate protection for the employees' pay and conditions, and met all necessary legal standards for approval under the Fair Work Act 2009.

Canberra Rudolf Steiner School Association Incorporated T/A Orana Steiner School

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established